Sunday, October 9, 2011

Dowry harassment law misused for extortion: Delhi Court

Dowry harassment law misused for extortion: Delhi Court

Full text available @ http://legalmanthan498adowrymisuse.blogspot.com/2011/10/husband-in-laws-acquitted-in-dowry.html

By IANS,



New Delhi : A Delhi court has acquitted a man and three of his family members in a dowry harassment case, saying that legal provisions are often misused for "human rights violations, extortion and corruption".
Asking the woman complainant to move on in life, Additional Sessions Judge Kamini Lau said: "A word of advice for the complainant that not all relationships in this world are successful. In fact, most relationships which appear to succeed are only based upon compromises. Let go of the past which is painful since attaching yourself to it will only give pain and miseries and help none."
"I may further observe that section 498-A (penal provision on husband or relative of husband of a woman subjecting her to cruelty) in recent years has become the consummate embodiment of gross human rights violations, extortion and corruption, and even the Supreme Court of our country has acknowledged this abuse and termed it as 'legal terrorism'," said Lau.
"The provisions of Section 498-A are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrongdoers," the court said Friday.
"The platform of the courts cannot be permitted to be used to wreak personal vendetta or unleash harassment and the tendency of the complainant to come out with inflated and exaggerated allegations by roping in each and every relative of the husband is required to be deprecated," the court said.
"The obligation of the court is to ensure that innocent persons are not put to harassment and to curtail the frivolous allegations at the earliest stage by looking for due corroboration from the facts," she said.
"The victims are often misguided into exaggerating the facts by adding those persons as accused who are not connected with the harassment under a mistaken belief that by doing so they are making a strong case as has happened in the present case where the complainant has involved the entire family of the husband - father-in-law, mother-in-law and brother-in-law," said Lau.
The court was hearing an appeal filed by the prosecution against a metropolitan magistrate's decision to acquit the woman's husband and his relatives.
The prosecution stated that magisterial court while acquitting the accused had not applied its mind as there was evidence on oath by a witness who said that the material goods given by the family of the woman to her husband at the time of the marriage were still with the accused.
While acquitting the four accused in the case, Lau said: "It is not safe to rely upon the uncorroborated testimony of the complainant."
"There is no independent corroboration of the allegations levelled by the woman against her husband Sanjay Kumar, father-in-law Vijay Kumar, mother-in-law Beena Devi and brother-in-law Ranjit," the court observed.
"When the entire family of the complainant including her own father and brother have not supported her version in the court, perhaps wanting her to move on in life, how then can one find fault with the order of the trial court," the court asked.

http://twocircles.net/2011oct09/dowry_harassment_law_misused_extortion_court.html

More news @

Husband, in-laws acquitted in dowry harassment case 

http://www.thehindu.com/news/cities/Delhi/article2523056.ece

Advising an alleged victim of dowry harassment to forget the past and move on, a court here has acquitted four accused in the case, saying that there is no independent corroboration of the allegations levelled by the woman against her husband, father-in-law, mother-in-law and brother-in-law.
While acquitting Sanjay Kumar, Vijay Kumar, Beena and Ranjit, Additional Sessions Judge Kamini Lau also observed that it was a case of misuse of Section 498A (making unlawful demands from a married woman by the members of her matrimonial home and subjecting her to cruelty for that) of the India Penal Code as the woman had arraigned the entire family of her husband.
“….Section 498-A in recent years has become the consummate embodiment of gross human rights violation, extortion and corruption, and even the Supreme Court of our country has acknowledged this abuse and termed it as ‘legal terrorism'. The provisions of Section 498-A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrong doers. The victims are often misguided into exaggerating the facts by adding those persons as accused who are not connected with the harassment under a mistaken belief that by doing so they are making a strong case as has happened in the present case where the complainant has involved the entire family of the husband i.e. father-in-law, mother-in-law and brother-in-law,” Ms. Lau observed.
The judgment came on an appeal against the acquittal of the accused persons filed by the prosecution submitting that there had been a miscarriage of justice in the matter.
The appeal further said that the Metropolitan Magistrate while acquitting the accused had not applied her mind as there was evidence on oath by a witness who said that the material goods given by the family of the woman to her husband at the time of the marriage were still with the accused persons.
However, the accused persons rebutted the charge saying that the matter had been settled and all the goods had been returned to the woman. In support of it they also produced before the court the memo of understanding duly signed by the woman and members of her husband's family.
Further, the father and the younger brother of the woman also refused to support her charges against the accused persons. She alleged that her husband used to harass her father for television, fridge, scooter and a gold chain. She further charged that she was once admitted to a hospital for treatment of her injuries caused by her husband and her father had paid the medical bill but her father refused to support it.
Her father and brother separately submitted before the court that the victim had no concern with the accused persons, and she was likely to separate from him.
Quoting a relevant stanza from a popular lyric of famous Urdu poet Sahir Ludhianvi which reads: “Taaruf rog ho jaaye to usko bhoolna behtar; Taalluk bojh ban jaaye to usko todna achcha; Vho afsaana jise anjaam tak laana na ho mumkin; Use ek khoobsoorat mod dekar chhodna achcha,” Ms. Lau dismissed the appeal and said that “now is the time for the complainant (woman) to move forward”.



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 http://www.expressindia.com/latest-news/court-raises-concern-over-false-dowry-cases/857523/

Court raises concern over false dowry cases

New Delhi Expressing concern over misuse of penal provisions for dowry harassment, a Delhi court told women that it is better to get out of a sour marriage instead of becoming vengeful.
The court’s concern was expressed during a ruling by Additional Sessions Judge Kamini Lau, upholding the acquittal of a man and his three family members of the charges of harassing his wife. She cited a Supreme Court verdict that termed it as “legal terrorism”.
“I may observe that Section 498A (subjecting woman to cruelty) of IPC in recent years has become a consummate embodiment of gross human rights violation, extortion and corruption. Even the SC had acknowledged this,” ASJ

Lau said.